A/HRC/34/54/Add.3
144. The Special Rapporteur strongly condemns the torture of Mr. Sandeng resulting his
death, and urges the Government of Gambia to conduct a prompt, impartial, and
effective investigation of the alleged acts of torture, prosecuting and punishing the
responsible for those acts, and providing adequate redress to the victims as codified
inter alia in the CAT and customary international law. The Special Rapporteur further
calls upon the Government to take appropriate measures to ensure the physical and
psychological integrity of all the persons arrested and detained, as well as Mr.
Sandengur surviving family members.
Greece
JUA 08/02/2016 Case No. GRC 1/2016 State Reply: 13/05/16 Allegations concerning
the use of severe forms of seclusion and restraint on disabled internees.
145. The Special Rapporteur thanks the Government of Greece for its reply, dated 13
May 2016, to the present communication.
146. The Special Rapporteur acknowledges the account of the Government of Greece in
response to the concerns, legal obligations, and questions raised in the initial
communication. He cautiously welcomes the information provided by the Government
according to which the abolishment of the use of restraints in the Disability Branch of
the Centre of Social Welfare of Western Greece in Lechaina was planned to occur in
June 2016, though he has not been able to confirm the implementation of this policy
change. Notwithstanding this positive development, the Government’s reply fails to
inform the Special Rapporteur of any measure taken concerning the isolation of persons
with physical and intellectual disabilities.
147. The Special Rapporteur welcomes the decision of the Government of Greece to
abolish the use of restraints, thereby taking steps to achieve compliance with article 16
of the Convention against Torture (CAT). However, in the absence of information to the
contrary, the Special Rapporteur concludes that there is substance in the allegations
presented in the initial communication, available via the link above, and that the
Government, by subjecting disabled persons and children to extended isolation,
contravenes article 16 of the CAT.
148. The Special Rapporteur would like to draw the Government’s attention to his
predecessor’s 2008 report to the General Assembly, which stated, that “the prolonged
isolation of detainees may amount to cruel, inhuman or degrading treatment or
punishment and, in certain instances, may amount to torture” (A/63/175, para. 77). In
the same document, he reiterated that solitary confinement (i.e. physical isolation in a
cell for 22 to 24 hours per day, and in some jurisdictions being allowed outside for up to
one hour) can result in serious and adverse health effects (A/63/175, para. 82).
149. The Special Rapporteur strongly urges the Government of Greece to comply with
its obligations to prevent torture and other cruel, inhuman and degrading treatment or
punishment and protect the physical and psychological integrity of individuals under its
care, in particular ceasing practices of seclusion and restraint that contravene these
imperatives.
JUA 17/06/2016 Case No. GRC 2/2016 State Reply: 06/07/2016 Allegations of the
imminent refoulement of two Syrian nationals, and the related risk of their torture
or cruel, inhuman or degrading treatment in Turkey.
30
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